NEC TSC: Who is responsible for Price List quantities in an X19 Task Order?
We are a Contractor on a Design & Build NEC 3 Term Services Contract (TSC) Option A and have been awarded work under a Task order. 1. Who owns the risk of quantities entered into the price list?...
View ArticleAnswered: NEC ECC: Defects and Contractor warranties
That seems to be a sensible approach for two reasons: - the equivalent of the defects liability period in NEC in the defects date. Broadly speaking, provided the Contractor has corrected notified...
View ArticleAnswered: NEC ECC: Can Contractor claim cost if delayed in correcting a...
If: - you had put this in your programme which had been accepted then it could potentially be a compensation event under 60.1 (2), (3) or (5) or - there are provisions in the Works Information / Scope...
View ArticleAnswered: NEC ECS: Concurrent Delays
Broadly speaking I always state that there is no such thing as concurrent delay under NEC contracts. One delay will have happened first and you assess the impact of that, and then see the extra over...
View ArticleAnswered: NEC ECC: Can a weather event lead to unexpected physical conditions
In theory yes I guess - but unlikely I suggest. Certainly not automatically anyway. Physical conditions is more things like rock or hard ground, unexpected services, contaminated ground, an expected...
View ArticleAnswered: NEC ECC: Assessing CE's in absence of an Accepted Programme
What a mess that frankly neither party should have allowed to happen. Both Parties should have seen the importance of the first Accepted Programme and do more to make it happen. Did the Project Manager...
View ArticleAnswered: NEC3 ECS: Under Option A Contract can the client levy both Contra...
Usually liquidated damages are an exhaustive remedy for failure to complete the works by the Completion Date and the Subcontractor does have the right to under the Sub-subcontract to deduct these from...
View ArticleAnswered: NEC3 ECS: Under Option A Contract can the client levy both Contra...
hi, its not clear from your question if the contra charges are for matters connected with not completing by the Completion Date or for separate matters. As Neil says, X7 is a pre-agreement for a charge...
View ArticleNEC ECC: Can a Contractor claim loss of bonus/incentive payment/profit if a...
NEC ECC Option A: Subcontractor misses a key date. General damages are at large and I & CL excluded. Subcontractor had access to main contract for inspection prior to entering contract. In missing...
View ArticleNEC ECC: Termination of NEC 4 Contract (Option A)
In clause 92.1, is that correct the Client can either use "titled" Plant and Materials to complete the works or allow access for Contractor to remove Plant and Materials? Depends on what Client wants?...
View ArticleAnswered: NEC ECC: Acceleration and delay damage entitlement
Yes it would so the Contractor needs to price the increase risk of delay damages for an earlier Completion Date with an acceleration quotation. That is the reason that a Project Manager can not make...
View ArticleNEC ECC: What are the Application and payment timescales in the NEC4 Short...
In the Client Data it states the assessment day is 28 days from start on site.
View ArticleNEC4 Option C QS Time in Compensation Events
Contractors QS has applied QS and PM time within a Compensation event for NEC4 Option C contract. from my understanding QS time is a defined cost and within the prelims, hence its not applicable, need...
View ArticleNEC ECC: Should QS and PM Time be applied to Compensation events in NEC4...
Contractor's QS has applied for QS and PM time for preparing the Compensation Event, from what I have read in the NEC4 Option C contract its ambiguous. My understanding is that this is part of the...
View ArticleAnswered: NEC ECC: No work on programme
No the Client can not "insist" as it is your programme and your prerogative as to how you do the works efficiently for yourself whilst meeting any contractual deadlines. They may question why you...
View ArticleAnswered: NEC ECC: CE claim on downtime
The idea of any compensation event is that you get recovery for any cost and time implications so it does not put you in a worse position after the event as you were before the event. The forecast cost...
View ArticleAnswered: NEC4 Option C QS Time in Compensation Events
The level of inclusion of Contractor's staff time in a compensation event quotation, including QS and PM, is dependent upon the effect that a compensation event has on the Scope of works and the...
View ArticleAnswered: NEC ECC: What are the Application and payment timescales in the...
The assessment day should be stated as a particular day of each month. As it is stated as 28 days from start on Site, then you could use that day as the continuing assessment date for each subsequent...
View ArticleNEC ECC: SSCC Amounts for Equipment (hrs)
We have a scheme where restricted hrs 09:30 to 15:30 are enforced due to traffic sensitivity. In assessing compensation events should the contractor be entitled to the full 9hr day for equipment of...
View ArticleAnswered: NEC ECC: Fail to reply quotation by Project Manager
The Contractor first has to notify (in writing) the lack of response, and after a further two weeks of silence only then would it be deemed accepted.
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